Town of Marion Annual Town Meeting
May 21, 2012

For a complete text of the Articles click here for the PDF of the Meetng Warrant

ARTICLE 1: To see what compensation the Town will pay its elected Town officials:
PASSED

ARTICLE 2: To see what sums of money the Town will raise and appropriate and/or transfer from available funds in the treasury in order to pay interest and maturing debt and for charges, expenses and outlays of the several Town departments and Reserve Fund for the ensuing year.
PASSED

ARTICLE 3: To see of the Town will vote to raise and appropriate and/or transfer from available funds the sum of $2,046,697 to be used to operate the water enterprise fund, the following sums to be appropriates to salaries and expenses, $879,684; reserve fund, $60,000; debt, $836,632; and indirect costs, $270,381; and the funds be raised from department receipts, $1,646,697 and $400,000 from water retained earnings; or take any other action thereon.
PASSED

ARTICLE 4: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $2,346,639 to be used to operate the sewer enterprise fund, the following sums to be appropriated to salaries and expenses, $832,372; debt, $1,206,568; reserve fund, $60,000; and indirect costs, $247,699; and the funds be raised from departmental receipts, $1,996,639 and $350,000 from sewer retained earnings; or take any other action thereon.
PASSED

ARTICLE 5: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $25,000 to the compensated absence account for the purpose of funding accrued benefits for retiring employees; or take any other action thereon.
PASSED

ARTICLE 6: To see if the Town will vote to transfer from the Overlay Surplus Account the sum of $25,000 to be used by the Board of Assessors for the revaluation of real and personal property as mandated by the Department of Revenue; or take any other action thereon.
PASSED

ARTICLE 7: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $100,000 to the "Other Post-Employment Benefit Liability Trust Fund as established at the Annual Town Meeting of 2010 under Article 14; or take any other action thereon.
PASSED

ARTICLE 8: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $100,000 to the Stabilization Fund; or take any other action thereon.
PASSED

ARTICLE 9: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $36,000 to supplement the remaining balance from Article 10 of the Annual Town Meeting of 2008 for purposes of instituting tax foreclosure procedures on delinquent real estate parcels in the Town in accordance with the provisions of Massachusetts General Laws, Chapter 60, Section 53; or take any action thereon.
PASSED

ARTICLE 10: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $20,900 to be used by the Police Department for purchasing and equipping one (1) new police cruiser; or take any other action thereon.
PASSED

ARTICLE 11: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $50,000 to be expended by the Town Administrator to purchase and install a new telephone system, including hardware, software, and related accessories at the Town House; or take any other action thereon.
PASSED

ARTICLE 12: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $35,000 to be expended by the Fire Dept. to continue with its program of air pack replacement; or take any other action thereon.
PASSED

ARTICLE 13: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $16,800 to be expended by the Fire Dept. to purchase eight (8) replacement automatic external defibrillators for the front line fire apparatus and at Station 1; or take any other action thereon.
PASSED

ARTICLE 14: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $20,000 to be expended by the Fire Dept. to purchase rescue cutters/jaws of life equipment for use by the Fire Dept.; or take any other action thereon.
PASSED

ARTICLE 15: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $48,500 to be expended by the Fire Dept. to upgrade the fire alarm system as follows:
PASSED

ARTICLE 16: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $12,500 to be expended by the Fire Dept. as follows:
PASSED

ARTICLE 17: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $7,500 to be expended by the Fire Dept. to replace four (4) garage door openers at the Spring Street Station; or take any other action thereon.
PASSED

ARTICLE 18: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $62,500 to be expended by the EMS Dept. to purchase two (2) Monitor/Defibrillators to replace the existing units in both ambulances; or take any other action thereon.
PASSED

ARTICLE 19: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $6,000 to be expended under the direction of the Harbormaster for the purpose of making modifications to the land and buildings owned by the Town of Marion and located on approximately 1.8 acres at 13 Atlantis Drive to allow for the conversion from oil heat to gas heat, and that to meet this appropriation the sum of $6,000 be transferred from the Waterways Account; or take any other action thereon.
PASSED

ARTICLE 20: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $7,000 to be expended under the direction of the Harbormaster for the purpose of purchasing and installing a 14'x12' garage door at the town-owned building located at 13 Atlantis Drive, and that to meet this appropriation the sum of $7,000 be transferred from the Waterways Account; or take any other action thereon.
PASSED

ARTICLE 21: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $6,500 to be expended under the direction of the Harbormaster for the purpose of adding two (2) new finger floats to the Old Landing area, and that to meet this appropriation the sum of $6,500 be transferred from the Waterways Account; or take any other action thereon.
PASSED

ARTICLE 22: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $79,000 to be expended by the School Dept. for the purpose of making HVAC repairs at the Sippican School; or take any other action thereon.
PASSED

ARTICLE 23: To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from Fiscal Year 2013 estimated annual revenues, $2,000 to the Community Preservation Committee for administrative expenses; or take any other action thereon.
PASSED

ARTICLE 24: To see if the Town will vote to transfer the sum of $4,000 from the Chester A. Vose Fund, said monies to be used by the Assessors for the reduction of taxes; or take any other action thereon
PASSED

ARTICLE 25: To see if the Town will vote, pursuant to c. 284 of the Acts of 2010, to authorize the Mattapoisett River Valley Water Supply Protection Committee to modify the fee it currently charges to the Town, in the amount of $.01 per 100 gallons, according to the following schedule:
PASSED

ARTICLE 26: To see if the Town will vote to amend the General By-Laws of the Town in Article XXIX (Community Preservation) by deleting Section 1 in its entirety and inserting in place thereof the following:
PASSED

ARTICLE 27: To see if the Town will vote to accept the provisions of M.G.L.c.71, s. 71E directing that all monies received by the School Dept. in connection with the conduct of adult education and continuing education programs, including, but not limited to adult physical fitness programs conducted under section 21B of the general laws, summer school programs, and programs designated by prior vote of the Marion School Committee as community school programs, and in connection with the use of school property under section 71 of the general laws, shall be deposited with the Town Treasurer and held as separate accounts. The receipts held in such separate accounts may be expended by the School Committee without further appropriation for the purposes of the program or programs from which the receipts were derived; or to take any other action thereon.
PASSED

ARTICLE 28: To see if the Town will vote to accept the provisions of M. G. L. c.200A, s. 9A establishing an alternative procedure for disposing of abandoned funds held in the custody of the Town; or to take any other action thereon.
PASSED

ARTICLE 29: To see if the Town will vote to accept the provisions of M. G. L. c.32B, s.18 requiring that all retirees, their spouses and dependents who are enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, shall be required to enroll in a Medicare health benefits supplement plan offered by the Town; or to take any other action thereon.
PASSED

ARTICLE 30: To see if the Town will vote to amend and supersede that portion of the vote of Article 22 of Annual Town Meeting 2009 as it relates to the authority to convey 5,000 square feet to the Marion Affordable Housing Trust, by authorizing the Board of Selectmen, with the approval of the Marion Affordable Housing Trust, to transfer by sale or gift in accordance with all applicable laws, a parcel of land...
PASSED

ARTICLE 31: To see if the Town will vote to amend the Marion Zoning Bylaw as it pertains to Section 3.2.2 and the maps referenced therein by deleting Section 3.2.2 of the Zoning Bylaw as currently written and printed and replace the same, in its entirety, as follows:
PASSED

ARTICLE 32: To see if the Town will vote to amend the Zoning By-Laws in Section 7.4.5.5 by adding "or was lawfully in existence on May 1, 1996 at which time the lot conformed with the then current area and frontage requirements for the district in which it was located."
PASSED

ARTICLE 33: To see if the Town of Marion will amend Section 7.4.6.5 by adding:"or was lawfully in existence on May 1, 1996 at which time the lot conformed with the then current area and frontage requirements for the district in which it was located."
PASSED

ARTICLE 34: To see if the Town of Marion will amend Section 8.6.3 paragraph 4 of the Zoning By-laws by deleting eight hundred fifty square feet and inserting twelve hundred square feet; and deleting The Board of Appeals may not permit the construction of a new structure designed to be used exclusively for an accessory apartment.
PASSED

ARTICLE 35: To see of the Town will vote to authorize the Board of Selectmen to petition the Legislature to enact a Special Act substantially as provided below. The Legislature may make clerical or editorial changes in form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the Legislature. The Board of Selectmen is hereby authorized to approve amendments that shall be within the scope of the general public objectives of this petition.
PASSED

ARTICLE 36: To see if the Town will vote to (a) Amend the vote taken pursuant to Article S4 of the Special Town Meeting of October 30, 2006, by adding, at the end of the motion thereby adopted, the following:
PASSED OVER

ARTICLE 37: To see if the Town will vote to authorize the Board of Selectmen to enter into a long-term lease agreement, up to 30 years, for the town-owned property located off Benson Brook Road and identified on the Marion Assessors' Map 24 as Lot 9 for the purpose of allowing the land to be developed as a photovoltaic solar field in a manner beneficial to the town; or take any other action thereon.
PASSED

ARTICLE 38: To see if the Town will vote to authorize the Board of Selectmen and/or the Old Rochester Regional School Committee to enter into alternate energy power purchase and/or net metering credit purchase agreements, including solar and wind energy and related net electricity metering credits, for terms of more than five years, on such terms and conditions as the Board of Selectmen deem in the best interest of the Town; and to authorize the Board of Selectmen to take all actions necessary to administer and implement such agreements, including all actions necessary or required by law; or take any other action thereon.
PASSED

ARTICLE 39: To see if the Town will vote to authorize the Board of Selectmen or its designee to make application on behalf of the Town to the appropriate agency of the Federal or State Governments for grants in aid or other funds or to private foundations or other foundations to further carry out certain programs hereinafter listed and to expend such grants to the Town; said applications and expenditures may include, but not be limited to, the following:
PASSED

ARTICLE 40: To see if the Town will vote to authorize the Board of Selectmen to institute, defend, or compromise suits of law; or take any other action thereon.
PASSED

ARTICLE 41: To see if the Town will vote to authorize the Board of Selectmen to sell any article belonging to the Town, provided the Town has no further use for the same; or take any other action thereon.
PASSED

ARTICLE 42: To see if the Town will vote to authorize the Board of Selectmen to sell or transfer any taxation possession property held by the Town, pursuant to General Laws, Chapter 60, Section 77, after the Board of Selectmen has notified the Planning Board, Open Space Acquisition Commission, Conservation Commission, and the Affordable Housing Trust of the availability of such land and said agencies may report in writing within twenty (20) days to the Board of Selectmen any recommendations that they may have with regard to the disposition of said land; or take any other action thereon.
PASSED

ARTICLE 43: To consider the reports of the Town officers and committees and act thereon; or take any other action thereon.
PASSED

ARTICLE 44: To choose by ballot all necessary officers for the ensuing year, viz; One Selectman for three years; one Assessor for three years; one Moderator for one year; one Board of Health member for three years; two Planning Board members for three years; two Marion School Committee members for three years; one Open Space Acquisition Commission member for three years; commencing on Friday, the 25th of May, 2012, at 8:00 o'clock in the morning in the Veterans of Foreign Wars Hall, 465 Mill Street (Route 6), in said Marion:
PASSED

PASSED